HomeMy WebLinkAbout008 04 88LAND USE AND DEVELOPMENT MINUTES
August 4, 1988
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building August
4, 1988.
Present: Chairman Pete Anderson, Commission Members Myrna
Cain, Sue Parrish, Richard Pearson, Robert Allen, Jerry
Tydeman, Public Works Director Steve Smart, Fire Chief
Cary Campbell, and Secretary Myrna Crapo.
Chairman Anderson asked for any additions or corrections
to the July 7, 1988 minutes. There being none Sue
Parrish moved to approve the minutes as mailed. Richard
Pearson seconded the motion, with all commission'members
voting in favor.
PUBLIC HEARING:
A PROPOSAL BY DONALD B. MITCHELL, 261Briscoe for a variance
for a 49' lot and for a conditional use permit to allow
a Class II Mobile Home. Property is presently zoned
R-2, Limited Residential.
Chairman Anderson explained the procedure for the public
hearing. He then asked Engineer Steve Smart for any
comments from the city.
Steve Smart presented to the commission a review of
what the Mitchell's wanted to do.
Cary Campbell, Fire Chief told the commission that
Mitchell's would need to strip down the existing mobile
home and start over in order to bring it into compliance
with the Class Ii Production Building requirements.
Lee Cranor, 261Briscoe represented the Mitchell's
who were out of town. The Mitchells were looking at
a double wide mobile home that would quality as a Class
II, if they could get a variance on the lot size.
Chairman Andersen opened the public hearing to public
comment. Chairman Andersen entered into the record
a petition received August 1, 1988 protesting the variance
which would allow Mary and Donald Mitchell to install
a mobile home. It was signed by 19 people on Briscoe.
Gary Archibald, 251 Briscoe, a next door neighbor told
the commission that the grandson was not staying there.
He was not in favor of the trailer.
Mr. Cranor told the commission that the grandson was
in a shelter home in Shelley. He was committed to
St. Anthony and then sent to a shelter home.
Chairman Andersen then closed the public hearing.
Land Use and Development Commission
August 4, 1988
Page 2
Pete Anderson explained the requirements for a Class
II Production Building.
Engineer Steve Smart informed the commission that the
application does not contemplate the single wide mobile
home that is setting there now, but a class II structure.
The commission discussed the proper order of considering
the conditional use and the variance parts of the application
and the comments that had been made at the previous
Land Use Meetings.
Richard C. Pearson made a motion to deny the 49' variance.
It died for lack of a second.
Robert Allen made a motion to deny the conditional
use permit to allow a Class II Mobile Home on the property
currently zoned R-2 at 261Briscoe.
The finding of facts was discussed by the commission.
1. People in the neighborhood were opposed to
it.
2. There is a question as to who will use the
trailor.
3. There is no room to replace the existing
mobile home with another larger Class II Unit.
4. There are no production building residences
in the area now.
Richard Pearson seconded the motion.
Steve Smart advised the commission to divorce themselves
from the handicaped grandson issue and address the
issue of spliting the lot and putting a mobile home
on it.
Roll call vote: Myrna Cain, yes; Sue Parrish, yes;
Bob Anderson, yes; Pete Andersen, abstain; Richard
Pearson, yes; Robert Pearson, yes; Jerry Tydeman, yes.
Mr. Craner was informed that an appeal could be made
to the city council within 25 days from this meeting.
OTHER BUSINESS
1. Discussion on minutes
Nomination of a new chairman. Robert Allen nominated
Sue Parrish. Myrna Cain seconded the nomination.
Richard Pearson moved to close the nomination.
for lack of a second.
Died
Pete Andersen nominated Robert Allen. Robert Allen
withdrew his name. Myrna Cain then moved that nomination
cease with Richard Pearson seconding. All voted in
favor.
Land Use and Development Commission
August 4, 1988
Page 3
Bob Anderson informed the commission that he will be gone
due to work for the next 4 months, but that he would like
to stay on the commission.
Steve Smart introduced Nancy Bateman from the Journal.
The meeting was turned over to Sue who adjour~d the meeting.
e A n d ~'n-,--CRa i rman
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on
August 4, 1988, upon the application of Donald B. Mitchell
(hereinafter referred to as "applicant") for a conditional use
permit to allow a Class II mobile home and a variance for a 49'
lot on the real property located at 261 Briscoe, and the
Commission having heard testimony from interested parties and
being fully advised in the matter, now makes the following:
FINDINGS OF FACT
1. Applicant has applied for a conditional use permit and
variance as particularly described above.
2. All legal requirements for notice of public hearing have
been met.
3. The property in question is zoned R-2 pursuant to the
n Land Use Ordinance of the City of Chubbuck.
4. The property is designated as R-2 in the duly adopted
Comprehensive Plan of the City of Chubbuck.
5. Relevent criteria and standards for consideration of this
application are set forth in Chubbuck Code §§ 18.28.030 and
18.28.040.
6. The existing neighboring land uses in the immediate area
of this property are:
to the north, R-2; to the south, R-2; to the east, R-2;
to the west, R-2.
7. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. Residents in the area are opposed to having placed on the
property permanently a Class II production building.
B. No Class II production buildings are currently used as
residences in the area.
C. The existing Class III production building cannot be
replaced with a larger Class II production unit due to lot size
limitations.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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D. A question exists as to who would use the Class II
building.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following
CONCLUSIONS OF LAW
1. The permit sought will produce an adverse impact on the
economic values of adjacent properties.
2. The use for which the permit is sought shall work an
unreasonable hardship upon surrounding property owners by virtue
of its physical nature or by the impact of changes made in the
landscape of the land.
3. The aesthetic qualities of the proposed use will conflict
with aesthetic qualities of the surrounding lands.
4. Owners of adjacent property have not expressed approval
of the issuance of the requested conditional use permit and
variance.
DECISION
1. The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the applicant should not be
approved.
2. The Conditional Use Permit and variance requested by the
Applicant is not granted.
DATED this 7 day of July , 198 8.
LAND USE A.PM ,DEVFerOPMENT COMMISSION
AI
Motion by Robert Allen, seconded by Richard Pearson, to adopt
the foregoing Findings of Fact, Conclusions of Law and Decision.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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ROLL CALL:
Commission Member Vote
Myrna Cain Y
Sue Parrish Y
Bob Anderson Y
Pete Anderson Abstain
Richard Pearson Y
Jerry Tydeman Y
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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